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TMI Blog2024 (7) TMI 1639X X X X Extracts X X X X X X X X Extracts X X X X ..... e respondent-accused (Smt. X) on 08.02.2023 for offences under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). Anonymization as relates the identity of the respondent-accused as 'Smt.X' has been done, as she is Human Immunodeficiency Virus (HIV) positive. Virtually, from 16.03.2023 onwards, Smt. X was in judicial custody in connection with the crime bearing FIR No.22(03)2023 registered at Khliehriat Police Station under Sections 21(c)/29 of the NDPS Act and her formal arrest in the subject Crime was recorded on 11.04.2023 during such custody. While so, as per the order dated 27.06.2023, the High Court of Meghalaya at Shillong granted bail in connection with FIR No.22(03)2023 on the solit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the position that in cases involving commercial quantity of narcotic drugs or psychotropic substances, while considering the application of bail, the Court is bound to ensure the satisfaction of conditions under Section 37(1)(b)(ii) of the NDPS Act. The said provision reads thus: - "37(1)(b)(ii)- where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail." 6. While considering the cases under NDPS Act, one cannot be oblivious of the objects and reasons for bringing the said enactment after repealing the then existing laws relating to the Narcotic drugs. The object and reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ail it was held therein that they are cumulative and not alternative. Satisfaction of existence of those twin conditions had to be based on the 'reasonable grounds', as referred above. 7. In the decision in State of Kerala and Ors. v. Rajesh and Ors. [(2020) 12 SCC 122], after reiterating the broad parameters laid down by this Court to be followed while considering an application for bail moved by an accused involved in offences under the NDPS Act, in paragraph 18 thereof this Court held that the scheme of Section 37 of the NDPS Act would reveal that the exercise of power to grant bail in such cases is not only subject to the limitations contained under Section 439 of the Code of Criminal Procedure, but also subject to the limitation place ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hout adverting to the mandate under Section 37(1)(b)(ii), NDPS Act, even after taking note of the fact that the rigour of Section 37, NDPS Act, calls for consideration in view of the involvement of commercial quantity of the contraband substance. When the accused is involved in offences under Section 21(c)/29 of NDPS Act, more than one occasion and when the quantity of the contraband substance viz., heroin is 1.040 Kgs, much above the commercial quantity, then the non-consideration of the provisions under Section 37, NDPS Act, has to be taken as a very serious lapse. In cases of like nature, granting bail solely on the ground mentioned, relying on the decision in Bhawani Singh v. State of Rajasthan [2022 SCC OnLine SC 1991] would not only g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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